Shri Manik Arora vs New Delhi Municipal Council ...
2019 Latest Caselaw 5396 Del

$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      Date of decision: 05 November, 2019

+      W.P.(C) 9660/2018 and CM Nos. 37637, 51706, 51707/2018

       SHRI MANIK ARORA                  ..... Petitioner
                    Through: Mr. Sandeep Bajaj and
                    Mr. Naman Tandon, Advs.


                           versus



       NEW DELHI MUNICIPAL COUNCIL (NDMC) AND ANR.
                                                ..... Respondents
                   Through: Mr. Harsha Peechara, ASC-NDMC
                   with Ms. Kriti Sinha, Adv.
                   Mr. Abhinav Sharma, Adv. for R-2/GNCTD



       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR

                           ORDER

%                          05.11.2019

D.N. PATEL, CHIEF JUSTICE (ORAL)
W.P.(C) 9660/2018

1. This Public Interest Litigation has been preferred with the following prayers :

"I. Issue a Writ in the nature of Mandamus, or any other Writ/Order/Direction directing the Respondents to implement the Outdoor Advertisement Policy 2017, with Immediate effect in the areas within its jurisdiction.

II. Issue a Writ in the nature of Mandamus, or any other Writ/Order/Direction directing the Respondents to take- action and remove all Outdoor Advertisement Devices which are in violation of the OAP, 2017.

III. Issue a Writ in the nature of Mandamus, or any other Writ/Order/Direction directing the Respondents to ensure all tenders and agreements with the advertisers are in compliance with the OAP, 2017.

IV. Pass any other order as this Hon'ble Court may deem fit."

2. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that several grievances have been ventilated by this petitioner about the advertisement boards allowed to be put up by the respondent no.1 on footpaths etc, some of them have been pointed out at Annexure A-2 annexed with CM No.51706/2018 filed alongwith the writ petition.

3. Learned counsel appearing for the respondent no.1 submits that they are strictly following the Outdoor Advertisement Policy, 2017 and if there is any violation of the said policy, by the persons to whom tenders have been allotted for putting up the advertisement boards, in that case the said advertisement boards can always be removed.

4. In view of this limited submissions, we hereby direct the respondent no.1 to follow the Outdoor Advertisement Policy, 2017 in letter and spirit. If any advertisement board is found in violation of the aforesaid policy, the same shall be removed by the respondent no.1 in accordance with law, rules, regulations, Government policy after giving an adequate opportunity of being heard to the concerned party.

5. With the aforesaid observations, this writ petition is hereby disposed of.

CM Nos. 37637/2018, 51706/2018, 51707/2018

6. In view of the disposal of the writ petition, these applications also stand disposed of.

CHIEF JUSTICE

C.HARI SHANKAR, J.

NOVEMBER 05, 2019/kr